Once people turn 18, they are legal adults. They have certain responsibilities and rights. Most of those rights persist definitely. Anyone who is a legal adult can theoretically establish a will or draft other estate planning documents. They can select beneficiaries, allocate their property and empower someone to manage their affairs after their passing.
Typically, a will guides the estate administration process and plays an important role in probate proceedings. In certain scenarios, families may question whether a will is actually a valid legal document. For example, they may believe that the testator who drafted the document experienced a noticeable decline in their mental capacity prior to the creation of the will.
Families can contest a will on the basis of the testator lacking capacity. At what point does an individual lose their testamentary capacity?
Capacity persists in most cases
Some people believe that there is a specific age at which individuals can no longer draft legal documents. However, the legal right to establish a will persists indefinitely unless unusual circumstances arise. Age alone is not a reason for surviving family members to initiate a will contest on the basis of a lack of capacity.
Instead, the plaintiffs typically need to show that medical issues may have prevented an individual from understanding the documents they drafted. In some cases involving serious medical challenges, a diagnosis can convince the courts that an individual might not have had the necessary capacity to draft a valid will. Dementia, severe mental health disorders and brain injuries are among the medical conditions that could eliminate an individual’s testamentary capacity.
Without a specific diagnosis, plaintiffs pursuing a will contest have to show that the circumstances justify their concern. Typically, they need to show that the testator struggled to understand their circumstances. If there is reason to believe that they couldn’t identify their beneficiaries, recognize the property that they owned or understand the impact of their documents, then the courts may agree that they lacked the capacity to draft or update an estate plan.
The burden of proof falls to those attempting to challenge the will. Medical records, financial documents and witness testimony can all help establish that an individual may have lacked the necessary capacity to draft a will.
Discussing concerns with someone familiar with the law can help families determine if probate litigation to contest the will is the right option. If an older or medically-vulnerable person did not understand the consequences of drafting a will, then the document may not hold up under scrutiny in probate court.
